header-logo header-logo

28 April 2017 / Greg Williams
Issue: 7743 / Categories: Features , Wills & Probate
printer mail-detail

​Ilott: a battle for independence?

nlj_7743_williams

The Supreme Court decision in Ilott represents a qualified victory for testamentary freedom, as Greg Williams explains

  • Who can apply for reasonable financial provision from a deceased’s estate?
  • An award for financial provision shall always be determined to an objective standard.
  • An award is at the expense of those whom the testator intended to benefit.

In a claim against an estate, what constitutes reasonable financial provision? It is one which the courts have spent some years trying to answer. The recent, authoritative, decision of the Supreme Court in Ilott v The Blue Cross and others [2017] UKSC 17 assists us. In short, the answer is that an award for financial provision shall always be determined to an objective standard. The statutory criteria must be applied. Unfortunately, as Lady Hale pointed out in this case, the law gives no guidance as to the weight of the criteria to be considered in a specific scenario, such as in the case of an adult child. The result of the current law is that a court’s decision invariably

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll